Join Crowell & Moring attorneys Evan Chuck, Michelle Linderman, David Stepp, and Frances Hadfield on Wednesday, March 30 for an update on the current state of the Uyghur Forced Labor Protection Act (UFLPA), U.S. Customs and Border Protection (CBP) withhold release orders (WRO), findings, and how to successfully modify a WRO, submit
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Uyghur Forced Labor Prevention Act Signed into Law
This is an update to the International Trade Law Blog’s December 22, 2021 post on the Uyghur Forced Labor Prevention Act.
On December 23, 2021, President Joe Biden signed into law the Uyghur Forced Labor Prevention Act (UFLPA). This action by President Biden comes a week after the law passed both chambers of Congress. After stalling in the Senate last year, an updated version of the bill was reintroduced on January 27, 2021 by Senator Marco Rubio (R-FL) and passed the Senate on July 14. The House version of the bill was introduced by Congressman James McGovern (D-MA) on February 18, 2021 and passed on December 8. Congressman McGovern and Senator Rubio reconciled the bill and delivered it to each respective chamber a week later. The reconciled version then passed the House and the Senate through unanimous decisions on December 14 and December 16, respectively.
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UK and Canada Announce New Measures to Combat Forced Labor and Human Rights Violations
- A review of export controls as they apply to Xinjiang. The review will determine which additional products will be subject to export controls in the future.
- The introduction of financial penalties for organizations, with revenue of at least 36 million pounds ($49 million), who fail to meet their statutory obligations to publish annual modern slavery statements, under the Modern Slavery Act.
- Detailed guidance to UK business setting out the specific risks faced by companies with links to Xinjiang and underlining the challenges of effective due diligence there.
- Guidance and support for all UK public bodies to use public procurement rules to exclude suppliers where there is sufficient evidence of human rights violations in supply chains. Compliance will be mandatory for central government, non-departmental bodies, and executive agencies.
- A Minister led campaign of business engagement to reinforce the need for UK businesses to take action to address the risk.